I overstayed in the u.s. on a H1 visa. i know im banned for certain years can i go back there on a k1 visa nw?

Question

I overstayed in the u.s. on a H1 visa. i know im banned for certain years can i go back there on a k1 visa nw?

Answer 1

If you get married you can apply for a I-601 waiver, if approved you will get your immigrant visa which upon entry will be turned over for your green card.

To answer your question "NO" you can't enter the US on a K-1 visa if you are currently serving your ban.  

This is how it works you get married and your US citizen spouse submits I-130 Alien Relative Petition, assuming that besides your ban you are eligible in every other way for an immigrant visa your I-130 will be approved and an interview will be set up at a consulate near your home.  You show up for your interview with high hopes because your I-130 was approved but to your surprise you are denied at your interview because of your overstay.  The interviewing officer will let you know if you are eligible to file the I-601 waiver,  which if your only s***w up was overstaying your H-1 visa, you should be eligible to file the waiver.  Some consulates have the power to approved your waiver like the consulate in Ciudad Juarez, Mexico. Almost all consulates have to mail your waiver to a Uscis office in the US for approval.  If you have a properly filled out waiver, a well written hardship letter(hardship to the US citizen, your wife) and sufficient evidence to support your wife's hardship claim you will have a pretty good chance of getting your waiver approved.  What country are you from? Some consulates are a lot stricter than others.

Answer 2

go to mexico, come accross the border illegally and you'll be fine.

Answer 3

You can't go back until your ban is over.  If you overstayed by more than a year it's a 10 year ban.  If you overstayed by more than 6 months, but less than a year it's for 3 years.

Good luck.